03/19/2008 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 19, 2008
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to
roll call were Commissioner Mario DiGennaro, Commissioner George R. Neugent,
Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Commissioner
Sylvia Murphy arrived later in the meeting. Also present at the meeting were Debbie
Frederick, Acting County Administrator; Suzanne Hutton, County Attorney; Danny L.
Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press
and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro granting approval of Additions, Corrections and Deletions to the agenda.
Motion carried unanimously, with Commissioner Murphy not present.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation proclaiming the Month of March, 2008 as
Seagrass Awareness Month.
Presentation of Mayor's Proclamation proclaiming March 30, to April 6, 2008 as
Children's Week in Monroe County.
Presentation of Mayor's Proclamation proclaiming Thursday, May 1, 2008, as
Law Day USA in Monroe County.
MISCELLANEOUS
Commissioner Neugent introduced Susan and Harold Nugent to the Board. Ms.
Nugent discussed the recent release of her new book titled Women Who Have Changed
The Keys.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
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Board adopted the following Resolution approving New York Life Insurance
Company to offer voluntary supplemental and dependent life insurance to county
personnel.
RESOLUTION NO. 062-2008
Said Resolution is incorporated herein by reference.
Board granted approval ofa Worker's Compensation settlement in the amount of
$225,000, inclusive of attorney fees and costs, for file #01091400-VB.
Board granted approval and authorized execution of Business Associate
Addendum: Group Health Plan between Monroe County and Delta Dental Insurance
Company, administrator of group dental program for Monroe County. Addendum covers
security of Protected Health Information (PHI) as required by the Health Insurance
Portability and Accountability Act of 1996 (HIP AA) Privacy Rule effective April 13,
2006.
Board granted approval and authorized execution of the First Amendment to
Agreement dated July 19, 2006 between Monroe County and Kelley, Kronenberg,
Gilmartin, Fichtel, Wander, P.A. to provide legal services and representation in the area
of workers' compensation claims for Monroe County.
Board granted approval and authorized execution of the First Amendment to
Agreement dated July 19, 2006 between Monroe County and George Helm, III, P.A. to
provide legal services and representation in the area of workers' compensation claims for
Monroe County.
Board granted approval and authorized execution of the Low Income Home
Energy Assistance Program Federally Funded Subgrant Agreement Number 087EA-7B-
11-54-01-019 between Monroe County and the State of Florida, Department of
Community Affairs for the provision of funds to pay electric bills for low income clients.
Board granted approval to rent a parking lot, located on the corner of S. Roosevelt
Boulevard and Stickney Drive, evenings only, to Hyatt & Hyatt for the reopening of
Benihana Restaurant on a month to month basis, pending a Lease Agreement.
Board authorized the issuance of a Certificate of Public Convenience and
Necessity (COPCN) to the City of Marathon - Fire Rescue for the operation of an ALS
transport ambulance service, April 1, 2008 to March 31, 2010.
Board granted approval to purchase a cache of radios from preferred vendor
Motorola to be used by first responders and recovery personnel during and after a
disaster. The funds will proceed from the City of Miami UASI FY 06 Memorandum of
Understanding entered in May 11, 2007 (Contract #07DS-5S-11-23-02-379) in the
amount of$516,277.00; and authorization for the Acting County Administrator to
execute any other required documentation in relation to the application process.
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Board granted approval to award bid and authorized execution of an Agreement
between Monroe County and E.G. Braswell Construction, Inc. for the Exterior Stair
Replacement - Joe London Fire Training Facility.
Board granted approval of a retroactive Contract for artist services for the African
Cemetery Memorial Project and modification of County Purchasing Policy (between
Monroe County and Professor Dinizula Gene Tinnie).
Board accepted the Monthly Report on Change Orders reviewed by the County
Administrator's Office, and the list of Change Order requests submitted by contractors,
and rejected by EngineeringlFacilities Development. Said list is incorporated herein by
reference.
Board granted approval and authorized execution of Amendment No.6 to the
Contract for Services for the Monroe County Stormwater Management Master Plan
between Monroe County and Camp Dresser & McKee, Inc. Contract to provide
stormwater engineering services to Monroe County.
Board granted approval of the wording on the dedication plaque for the Big Pine
Key Park.
Board granted approval and authorized execution of Amendment No.3 to
Agreement for Construction Engineering and Inspection Services for the Card Sound
Road Bridges Rehabilitation Project between Monroe County and PB Americas, Inc.
extending Contract to June 7, 2008.
Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. I).
RESOLUTION NO. 063-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 064-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 065-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 066-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
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RESOLUTION NO. 067-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 068-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 069-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 070-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 071-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the Courier Service
Agreement, Fourth Renewal, between Momoe County and Buccaneer Courier to cover
the period of March 16,2008 through March 15, 2009.
Board granted approval and authorized execution of a Memorandum of
Understanding between Momoe County and the State of Florida, Department of Children
and Families for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment
Plarming Grant.
Board granted approval and authorized execution of an Interlocal Agreement
between Momoe County and the City of Key West to participate in the 2005 Disaster
Recovery Community Development Block Grant (CDBG) Supplemental Funding
Program.
Board granted approval and authorized execution of an Agreement between
Momoe County and Middle Keys Community Land Trust for loan of funds for impact
fees for Woods Comer, in the amount of$53,655.
Board granted approval to advertise Request for Proposals for lease of one aircraft
hangar at the Florida Keys Marathon Airport.
Board granted approval to advertise a Public Hearing that will be held at the April
16,2008 BOCC meeting at 3:00 P.M., regarding the amendment ofFDOT Grant 5316
that was previously approved by the BOCC on December 19, 2007.
Board granted approval and authorized execution ofthe Second Amendment to
Ground Lease Agreement between Momoe County and Sea Grape Apartments, LTD.
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The amendment delegates and makes the Lessee responsible for all permit applications
and submissions and the Lessee agrees to indemnify the County for any adverse
consequences resulting from applications or the activities under any permits.
Board granted approval for the Acting County Administrator to execute the South
Florida Water Management District (SFWMD) application on behalf of Monroe County
as co-applicant for an Environmental Resource Permit for the Sea Grape Apartments
affordable housing projects, Phases I and II, and any other documents associated with this
permit.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (1st
Amendment) to the Agreement between Monroe County and John Stuempfig to revise
Exhibit B for the Yamaha Dolphin Masters Invitation in May 2008.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of the Draft Management Plan for Monroe County
Conservation Lands, dated March 2008 as required by Lease Agreement No. 4549
between Monroe County and the State of Florida.
Board granted approval and authorized execution of Task Assignment Change
Order Form DEP Contract No. PL-029, Task Assignment No. FK-079, between Monroe
County and Florida Department of Environmental Protection (FDEP) to modify the type
of reimbursement allowed under the grant from "cost reimbursement" to "fixed price".
Board granted approval and authorized execution of Task Assignment Change
Order Form DEP Contract No. PL-029 , Task Assignment No. FK-075, between Monroe
County and Florida Department of Environmental Protection (FDEP) to modify the type
of reimbursement allowed under the grant from "cost reimbursement" to "fee schedule".
SHERIFF'S DEPARTMENT
Board granted approval of the nomination of Dr. David Rice to the Sheriffs
Shared Asset Forfeiture Fund Board (SAFF).
COMMISSIONERS' ITEMS
Board adopted the following Resolution supporting and encouraging the
enactment of Senate Bill 1634; and providing an effective date.
RESOLUTION NO. 072-2008
Said Resolution is incorporated herein by reference.
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Board granted approval of Mayor McCoy's reappointment of Debbie Barsell to
the South Florida Workforce Board, with a term expiring March 19, 2010.
Board granteil approval of Mayor McCoy's reappointment of Gregg Talbert to the
South Florida Workforce Board, with a term expiring March 19, 2010.
Board granted approval of Commissioner Murphy's appointment of Bill Moore to
the Marine & Port Advisory Committee, fulfilling the term of Ben Iannotta who resigned
in January 2008, with a term expiring May 16, 2010.
Board granted approval of Commissioner Neugent's appointment of Jeb Hale to
the Planning Commission, to replace Sherry Popham, with a term expiring November 15,
2009.
Board granted approval of Commissioner DiGennaro's reappointment of Pat
Wells to the Marine & Port Advisory Committee, with a term expiring March I, 20 II.
Board granted approval of Commissioner DiGennaro's reappointment ofF. Paul
Koisch to the Marine & Port Advisory Committee, with a term expiring March I, 2011.
Board adopted the following Resolution in support oftelemedicine utilizing
advanced technology as a key tool to bring better health care and health education to
Florida's rural communities.
RESOLUTION NO. 073-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution certifying that Habitat for Humanity of
the Upper Keys, Inc., a program operating in the County of Monroe, is consistent with
the Comprehensive Plan and the Land Development Regulations for the County, enabling
Habitat for Humanity ofthe Upper Keys, Inc. to participate in the State of Florida's
Community Improvement Act of 1980; providing an effective date.
RESOLUTION NO. 074-2008
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Regular meeting of January 16, 2008 and Special meeting of January 25,2008
(previously distributed).
Board granted approval ofthe following Warrants (103289-103371 & 525903-
526804): General Fund (001), in the amount of$I,674,811.82; Fine & Forfeiture Fund
(101), in the amount of$3,164,957.80; Road and Bridge Fund (102), in the amount of
$46,031.35; TDC District Two Penny (115), in the amount of$252,413.68; TDC
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Admin. & Promo 2 Cent (116), in the amount of $368,947.70; TDC District 1,3 Cent
(117), in the amount of$118,054.45; TDC District 2,3 Cent (118), in the amount of
$28,233.98; TDC District 3,3 Cent (119), in the amount of$52,950.91; TDC District
4,3 Cent (120), in the amount of$39,663.64; TDC District 5,3 Cent (121), in the
amount of$45,216.66; Gov. Fund Type Grants (125), in the amount of$24,401.52;
Fire & Amb Dist 1 L&M Keys (141), in the amount of$131,562.65; Upper Keys
Health Care (144), in the amount of$819.08; Uninc Svc Dist Parks & Rec (147), in the
amount of $22,432.14; Plan, Build, Zoning (148), in the amount of $122, 176.66;
Municipal Policing (149), in the amount of$506,868.93; 911 Enhancement Fee (150),
in the amount $29,237.70; Duck Key Security (152), in the amount of$4,111.28; Local
Housing Assistance (153), in the amount of $378,735.39; Boating Improvement Fund
(157), in the amount of $84,276.07; Misc. Special Revenue Fund (158), in the amount
of$40,216.96; Environmental Restoration (160), in the amount of$2,981.58; Law
Enforcement Trust (162), in the amount of $6,446.76; Court Facilities Fees-602 (163),
in the amount of$7,778.06; Big Coppitt Wastewater MSTU (169), in the amount of
$7,773.29; Key Largo Wastewater MSTU (170), in the amount of$3,732.26; Stock
Island Wastewater (171), in the amount of$1,054.83; Cudjoe-Sugar1oafMSTU (172),
in the amount of$121.29; Duck Key MSTU (176), in the amount of$6,570.71; Building
Fund (180), in the amount of$3,504.45; 1 Cent Infra Surtax (304), in the amount of
$6,834.33; 2003 Revenue Bonds (307), in the amount of$791,452.67; Infr Sls Srtx Rev
Bds2007 (308), in the amount of$467,571.58; Card Sound Bridge (401), in the amount
of$334,146.58; Marathon Airport (403), in the amount of$60,329.18; Key West Inti.
Airport (404), in the amount of $449,650.05; KW AlP Series 2006 Bonds (405), in the
amount of$1,119,784.60; MSD Solid Waste (414), in the amount of$1,167,315.19;
Worker's Compensation (501), in the amount of$11,694.96; Group Insurance Fund
(502), in the amount of$124,003.52; Risk Management Fund (503), in the amount of
$57,725.65; Fleet Management Fund (504), in the amount of$147,445.73; Fire &
EMS LOSAP Trust Fund (610), in the amount of$1,035.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of February, 2008: Advertising, in the amount of
$439,357.35; Bricks & Mortar/Projects, in the amount of$7,795.01; Visitor Information
Services, in the amount of$46,915.00; Events, in the amount of$64,931.65; Office
Supplies & Operating Costs, in the amount of $26,034.22; Personal Services, in the
amount of$122,539.69; Public Relations, in the amount of$87,621.23; Sales &
Marketing, in the amount of$33,576.00; Telephone & Utilities, in the amount of
$21,312.80; Travel, in the amount of$14,422.05.
Board granted approval to destroy past BOCC related records for the period 1985
through 1998. A Records Disposition Document has been completed as required by the
State of Florida General Records for Clerk of Courts, Bureau of Archives Records
Management. All Board agenda backup material has been scanned or filmed.
COUNTY ADMINISTRATOR
Board adopted the following Resolution authorizing the temporary closing of the
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northbound lanes of US I from MM98.2 to MMIOO from 10 AM to 11:30 AM on the 4th
of July, 2008.
RESOLUTION NO. 075-2008
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval of disposal of American Law Reports reference books in
County Attorney's Office, by sale on E-Bay (through personal account unless County has
an E-Bay account) with proceeds less costs of disposal, fully documented, to be remitted
to County, or such other method as is anticipated to obtain the best price.
Board adopted the following Resolution setting the date, time and place for a
Public Hearing concerning the proposed abandonment of a portion of Calle Bogota of the
plat ofSummerland Beach, Addition No.7, recorded in Plat Book 4, Page 74, of the
Public Records of Monroe County, Florida (Summerland Key).
RESOLUTION NO. 076-2008
Said Resolution is incorporated herein by reference.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with George Smith Jr. and Edna Smith in Code Enforcement Case
CE06090065.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Arthur Mehr in Code Enforcement Case CE06100026.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Martha Hardin c/o N. Kelley in Code Enforcement Case
CE05080l4l.
Board granted approval and authorized execution of a Settlement Agreement
between Monroe County and Robert B. Carpenter, Code Enforcement Case CE06060l39
in the amount of $20,000.00.
Board granted approval of payment of invoices from Paul Hastings for services
rendered in Collins v. Monroe County, Case No. 04-379-CA-K which total $37,642.50.
Board granted authorization for the County Attorney to make an offer of
judgment in the amount of$100.00 for the purpose of resolving the matter of 0111, LLC
v. Monroe County, CA P 07-858.
Board granted approval and authorized execution of First Amendment to Contract
dated July 19, 2006 between Monroe County and Stephen J. Moore, PC to add the
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timekeeper Elizabeth A. Moran as an additional timekeeper and to reflect new hourly
rate.
Board granted approval and authorized execution of a Settlement Agreement in
the matter of South Florida Employment and Training Consortium v. Agency for
Workforce Innovation, DOAH Case No. 06-4333 and payment of $22,988.57 to resolve
that dispute.
Board granted approval to file a Petition for Writ of Certiorari in the Third
District Court of Appeal, to review a decision of the Circuit Court in the case of Mattson
v. Monroe County.
Board granted approval and authorized execution of a Settlement Agreement in
the matter of Monroe County v. Victor Mills, Jr. and Cynthia Mills, Case No.
CE06030I43.
Motion carried unanimously, with Commissioner Murphy not present.
MONROE COUNTY SHERIFF DEPARTMENT
Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro to remove from the bulk motion Agenda item J1 concerning approval of the
nomination of Dr. David Rice to the Sheriff's Shared Asset Forfeiture Fund Board
(SAFF). Motion carried unanimously, with Commissioner Murphy not present.
MISCELLANEOUS BULK APPROVALS
Peter Horton, Director of Airports and Dave Koppel, County Engineer discussed
the matter. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Spehar granting approval for URS Corp. to continue
Professional Services as General Airports Consultant for the Key West and Marathon
Airports, on a month to month basis, pending an extension Agreement. Roll call vote
was unanimous, with Commissioner Murphy not present.
The Board discussed advertising a Public Hearing at the April16, 2008 BOCC
meeting for an Ordinance adopting the uniform method of levying a non-ad valorem
assessment for fire rescue services. The following individuals addressed the Board:
Stewart McCarty, representing the Sugar10af Shores Property Owner's Association and
Richard Vandervoort, representing the Professional Fire Fighters of Monroe County.
Suzanne Hutton, County Attorney; also discussed the matter. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting
approval of the advertisement of the Ordinance for a Public Hearing. Roll call vote was
unanimous, with Commissioner Murphy not present.
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TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro to appoint Donald Craig as "At Large" appointment to the Tourist
Development Council District I Advisory Committee. Roll call vote was unanimous,
with Commissioner Murphy not present.
Motion was made by Commissioner Neugent and seconded by Commissioner
DiGennaro to continue until Commissioner Murphy arrives at the meeting Agenda item
Dl concerning an "At Large" appointment to the Tourist Development Council District V
Advisory Committee. Motion carried unanimously, with Commissioner Murphy not
present.
STAFF REPORTS
Housing & Community Development - Lisa Tennyson, Affordable Housing
Coordinator discussed a Request for Qualification concerning the pre-approval and pre-
qualification of housing developers for affordable housing. Motion was made by
Commissioner Neugent and seconded by Commissioner DiGennaro to reopen the agenda.
Motion carried unanimously, with Commissioner Murphy not present. Motion was made
by Commissioner Neugent and seconded by Commissioner DiGennaro to add to the
agenda an item to approve going out for bids - Request for Qualifications (RFQ) for the
pre-approval and pre-qualification of housing developers for affordable housing. Motion
carried unanimously, with Commissioner Murphy not present.
Commissioner Murphy arrived at the meeting and took her seat.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to appoint Jerry Gadis as an "At Large" appointment to the Tourist
Development Council District V Advisory Committee. Motion carried unanimously.
STAFF REPORTS
Engineering - David Koppel, County Engineer briefly discussed Agenda item C13
approved earlier today concerning the Monthly Report on Change Orders reviewed by the
County Administrator's Office, and the list of Change Order requests submitted by
contractors, and rejected by EngineeringlFacilities Development. Mr. Koppel also
discussed a proposed lnterlocal Agreement to be brought before the Board next month
concerning the possibility of having one central wastewater treatment facility to include
Lower SugarloafKey to Big Pine Key.
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DIVISION OF GROWTH MANAGEMENT
The Board discussed approval of the selected contractors for removal of non-
hurricane related derelict vessels and marine debris, including: Coffin Marine Services,
Inc., Coral Marine Construction, ASAP, Inc., Adventure Environmental, Inc., and
Bluewater Marine Services, Inc. The following individuals addressed the Board: Kevin
Freestone, representing Lower Keys Marine, Inc./Towing & Salvage, d/b/a Tow Boat
US; Duke Pontin, representing Spirit Marine; and John Coffin, representing Coffin
Marine Services, Inc. Andrew Trivette, Growth Management Director discussed the
matter. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner DiGennaro to appoint all thirteen (13) of the applicants for a contract term
of three (3) years - said motion also included the following items:
Contract between Monroe County and Coffin Marine Services, Inc. to provide
derelict vessel and marine debris removal services throughout the Keys.
Contract between Monroe County and Coral Marine Construction to provide
derelict vessel and marine debris removal services throughout the Keys.
Contract between Monroe County and ASAP, Inc. to provide derelict vessel and
marine debris removal services throughout the Keys.
Contract between Monroe County and Adventure Environmental, Inc. to provide
derelict vessel and marine debris removal services throughout the Keys.
Contract between Monroe County and Bluewater Marine Services, Inc. to provide
derelict vessel and marine debris removal services throughout the Keys.
Roll call vote was unanimous.
COMMISSIONERS' ITEMS
A presentation was made by Heather Carruthers, representing FIRM (Fair
Insurance Rates in Monroe), regarding what is at stake this Legislative Session in
Tallahassee considering the current rates are set to expire December 31, 2008.
Jim Rhyne, Chairman of the Pigeon Key Foundation, reported to the Board
concerning the Pigeon Key operations.
DIVISION OF GROWTH MANAGEMENT
Andrew Trivette, Growth Management Director discussed the matter. Donald
Craig, representing Caya Place, LLC addressed the Board. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the
following Resolution directing reservation for award of sixteen affordable dwelling unit
allocations for Caya Place, LLC workforce housing units on the eastern parcel
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(RE:00ll1078.000000) of property located at 30641 US Highway I (commonly known
as Skeeter's Marine) and setting terms and conditions. Roll call vote was unanimous.
RESOLUTION NO. 077-2008
Said Resolution is incorporated herein by reference.
Andrew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Spehar to retroactively approve a Grant Application to the National Scenic
Byways for $1.4 million to purchase Key Deer habitat along U.S. 1 in Big Pine Key;
retroactive approval is necessary due to application deadline. Motion carried
unanimously.
MONROE COUNTY SHERIFF DEPARTMENT
The Board discussed approval of the nomination of Dr. David Rice to the
Sheriffs Shared Asset Forfeiture Fund Board (SAFF). The following individual
addressed the Board: Sandra Downs. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Neugent granting approval of the
nomination of Dr. David Rice to the Sheriffs Shared Asset Forfeiture Fund Board
(SAFF). Roll call vote was unanimous.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Spehar's item to transfer the remaining
balance in the Employee Housing Fair Share Impact Fee Trust Fund to the Growth
Management Department to reimburse past waiving of fees for affordable housing, in the
amount $116,593.00. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy granting approval of the item. Suzanne Hutton,
County Attorney and Danny Kolhage, Clerk of Courts discussed the matter. Motion
carried unanimously.
The Board discussed Commissioner Spehar's item concerning a Resolution
acknowledging the environmental impacts associated with the anchorage at Boca Chica
Harbor, addressing the issue of derelict and abandoned vessels, and directing Staffto
evaluate the potential of establishing a managed mooring field and pump out facilities to
serve boaters and protect the marine environment. The following individuals addressed
the Board: Gail Kenson, representing NAS Key West; John Coffin, representing Coffin
Marine Services; and Bob Jones, representing Boyd's Key West Campground. Andrew
Trivette, Growth Management Director discussed the matter. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt
the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 078-2008
Said Resolution is incorporated herein by reference.
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COUNTY ADMINISTRATOR
Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro to open the agenda to add the following items: Cancellation ofthe Special
Meeting scheduled for March 27,2008; cancellation of the Workshop scheduled for April
2,2008; and discussion of the one cent increase in bed tax by the City of Key West. Roll
call vote was unanimous.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to cancel the Special Meeting scheduled for March 27, 2008 in Key West to
discuss further budget reductions. Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to change the Workshop scheduled for April 2, 2008 in Marathon to a Special
Meeting instead of canceling it. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar that without a public vetting process and discussion by the County Commission
the BOCC is opposed to the proposed one cent increase in bed tax by the City of Key
West. Roll call vote was unanimous.
CLOSED SESSION
Mayor McCoy announced the Attorney-Client Closed Session of the Board of
County Commissioners in the matter of Salvatore Zappulla v. Monroe County. Per F.S.
286.011(8), the subject matter of the meeting shall be confined to settlement negotiations
or strategy sessions related to litigation expenditures. Present at this meeting are Debbie
Frederick, Acting County Administrator; the Board of County Commissioners; Suzanne
Hutton, County Attorney; Bob Shillinger, Chief Assistant County Attorney; and a
certified Court Reporter.
Suzanne Hutton, County Attorney announced the Attorney-Client Closed Session
of the Board of County Commissioners in the matter of Lloyd Good v. Monroe County,
Case No. CA K 01-977. Per F.S. 286.ot 1(8), the subject matter ofthe meeting shall be
confined to settlement negotiations or strategy sessions related to litigation expenditures.
Present at this meeting are Debbie Frederick, Acting County Administrator; the Board of
County Commissioners; Suzanne Hutton, County Attorney; Bob Shillinger, Chief
Assistant County Attorney; and a certified Court Reporter.
Commissioner DiGennaro and Commissioner Spehar excused themselves from
the meeting.
Bob Shillinger, Chief Assistant County Attorney discussed the proposed
settlement agreement in the matter of Lloyd Good v. Monroe County. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent
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authorizing the County Attorney to explore further an attempt to negotiate the terms
where Monroe County would acquire the property in exchange for dismissal ofthe law
suit. The Board authorized the County Attorney to proceed with a formal settlement
agreement and bring back the document for final approval in a 60-90 day time frame.
Motion carried unanimously, with Commissioner DiGennaro and Commissioner Spehar
not present.
Commissioner DiGennaro and Commissioner Spehar returned to the meeting and
took their seats.
COUNTY ADMINISTRATOR
Ms. Frederick advised the Board that the administrative duties of Reggie Paros,
Acting Deputy Administrator and James Callahan, Acting Fire Chiefhave been split
amongst them - Administration for Reggie Paros and Operations for James Callahan on
an interim basis and that she will continue to have them act in this capacity for two more
months.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney referred the Board to the written litigation
report e-mailed to each commissioner.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval and authorizing execution of a Settlement Agreement between
Monroe County and Alexander D. Schroeder. Motion carried unanimously.
The Board discussed the following two items:
Resolution supplementing Resolution No. 017-2005 regarding the reimbursement
of attorney's fees and costs incurred by County Officers and employees in defense of
actions taken in the court and scope of their duties when the office ofthe County
Attorney cannot provide representation; and discussed issues related to two pending
ethics complaints.
Discussion of issues related to two pending ethics complaints.
Bob Shillinger, Chief Assistant County Attorney discussed the above matters.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro for Monroe County to represent Commissioner Spehar in-
house and waive any potential conflict. Roll call vote was unanimous, with
Commissioner Spehar abstaining.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro to have in-house counsel represent prior Planning Commissioner Sherry
Popham in the ethics complaint and should it become clear that there is a conflict; the
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matter will be brought back before this Board with Ms. Popham having the option of
obtaining outside counsel at her own expense. Roll call vote was unanimous
SOUNDING BOARD
Jerry Metcalf addressed the Board concerning the vacant mosquito control
hangar. No official action was taken.
COUNTY ATTORNEY
The Board discussed a Resolution authorizing the Board to designate fee
appraisers to establish the value of identified County-owned real property being
considered for possible sale, establishing the qualifications required for fee appraiser
designation and defining allowable usage of fee appraiser services by County staff or
potential purchasers. The following individual addressed the Board: Diane Beruldson.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 079-2008
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval and authorizing execution of a First Amendment to the Legal
Consulting Services Agreement between Monroe County and the law and planning firm
of White & Smith, LLC to authorize up to an additional $50,000.00 in fees under the
Agreement which consults with local governments on growth management issues across
the nation. Motion carried unanimously.
The Board discussed the approval to advertise a Public Hearing for an Ordinance
imposing a "ninth-cent" local option motor fuel tax, as authorized by F.S. 206.41(1)(d)
and 336.021, upon such fuel sales in all of Monroe County, including the municipalities
therein, for a period of thirty years unless earlier repealed by the Board of County
Commissioners; providing for a method of collection ofthe tax and remission of the
proceeds; providing that the proceeds may only be spent for transportation expenditures
as defined herein; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. Dave Koppel, County Engineer and Dent
Pierce, Public Works Director discussed the matter. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Spehar to deny the item.
Roll call vote was taken with the following results:
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
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Mayor McCoy
Yes
Motion carried.
The Board discussed approval to advertise a Public Hearing for an Ordinance
clarifying the statutory authority for the current six cent motor and special fuel tax in
Section F.S. 336.025(1)(a); providing for the distribution of the six cent motor and
special fuel tax to all municipalities and the county; imposing a five cent local option
motor fuel (gas) tax, as authorized by F.S. 336.025(1)(b), upon such fuel sales in all of
Monroe County, including the municipalities therein, for a period ofthirty years unless
earlier repealed by the Board of County Commissioners; providing for a method of
collection ofthe tax and remission of the proceeds; providing that the proceeds may only
be spent for transportation expenditures as defined herein; providing for the pledge of the
tax revenue for bonds whose proceeds are used for transportation capital projects;
providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and
providing an effective date. Diane Beruldson addressed the Board. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
approve the item as written. After further discussion, the second to the motion withdrew.
Motion died for lack of a second. No official action was taken by the Board.
Motion was made by Mayor McCoy and seconded by Commissioner DiGennaro
to reconsider agenda Item N15. Motion carried unanimously. After Board discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
approving the advertisement of a Public Hearing for an Ordinance imposing a "ninth-
cent" local option motor fuel tax, as authorized by F.S. 206.41(1)(d) and 336.021, upon
such fuel sales in all of Monroe County, including the municipalities therein, for a period
of thirty years unless earlier repealed by the Board of County Commissioners; providing
for a method of collection of the tax and remission of the proceeds; providing that the
proceeds may only be spent for transportation expenditures as defined herein; providing
for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date. Roll call vote was taken with the following results:
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar No
Mayor McCoy Yes
Motion carried.
PUBLIC HEARINGS
A Public Hearing was held to satisfy public input grant application requirements
and ratification ofthe following: Resolution No. 498-2007 authorizing the signing and
59
submission of a Federal Transit Administration, 29 US.C., Section 5316 Year 2008-2009
"Job Access and Reverse Commute Program Capital Assistance" Grant Application to
purchase software/hardware for twelve (12) mobile data terminals and acceptance of any
subsequent grant award; Resolution No. 499-2007 authorizing the signing and
submission of a Federal Transit Administration, 49 US.C., Section 5317 Year 2008-2009
"New Freedom Program Capital Assistance" Grant Application to purchase twelve (12)
mobile data terminals and acceptance of any subsequent grant award; and Resolution No.
500-2007 authorizing the signing and submission of a Federal Transit Administration, 49
U.S.c., Section 5310 Year 33 (2008-2009) Capital Assistance Grant Application to
purchase two (2) transportation buses and acceptance of any subsequent grant award; said
Resolution approved by the Monroe County Board of County Commissioners on
12/19/2007 but requiring a noticed documented Public Hearing, pursuant to Florida
Department of Transportation and Federal Transit Administration Grant Application
Requirements. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner DiGennaro ratifying the above. Motion carried
unanimously.
A Public Hearing was held to consider adoption of a Resolution rescinding
Resolution No. 420-2007 pertaining to the Building Department Fee Schedule to more
effectively implement the true costs of providing the services associated with the building
permitting and inspection system. The Board accepted public input with the following
individual addressing the Board: Rudy Krause representing the Florida Keys Contractors
Association. Andrew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 080-2008
Said Resolution is incorporated herein by reference.
Andrew Trivette, Growth Management Director discussed changes in the
operation style of handling comp plan amendments After discussion, motion was made
by Commissioner Spehar and seconded by Commissioner DiGennaro to continue the
following four public hearing items (03 to 06) to the May 21,2008 BOCC meeting in
Key Largo. Roll call vote was unanimous.
Consideration to adopt a DCA transmittal Resolution transmitting to the Florida
Department of Community Affairs an Ordinance by the Monroe County Board of County
Commissioners approving the request by the Monroe County Planning & Enviromnental
Resources Department to amend the Future Land Use Map (FLUM) designation from
Mixed Use/Commercial (Me) to Recreation (R) of property legally described as
Whispering Pines Plant No.3, PB4-59, Big Pine Key Tract A, Big Pine Key, Monroe
County, Florida, having real estate number 00286360.000000.
Consideration to adopt a DCA transmittal Resolution transmitting to the Florida
Department of Community Affairs an Ordinance by the Monroe County Board of County
Commissioners approving a request by the Monroe County Planning & Enviromnental
60
Resources Department to amend the Future Land Use Map (FLUM) designation
Residential Conservation (Re) to Recreation (R) of property legally described as Block
3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having real
estate numbers 00211090.000000 & 00211100.00000.
Consideration to adopt a DCA transmittal Resolution transmitting to the Florida
Department of Community Affairs an Ordinance by the Monroe County Board of
County Commissioners approving the request by Crown Four, LLC, on behalf of the
trustees of the Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter
Abrahamsen & Lucky's Landing, Inc., to amend the Future Land Use Map (FLUM)
designation from Institutional (INS) to Mixed Use/Commercial (Me) of property
legally described as Lot 1, Part Lot 2 & Part State Road No.5, Barry Beach, Little Torch
Key, PB2-127, Monroe County, Florida, having real estate numbers 00214960.000000 &
00214960.000100 & part of 00214970.000000. .
Consideration to adopt a DCA transmittal Resolution at the request of the
Dancing Bear Properties LLC to amend the subject property's Future Land Use Map
(FLUM) designation from Residential Medium (RM) to Mixed Use/Commercial (Me) in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan
and ss9.5-511 ofthe Monroe County Code.
Roll call vote was unanimous.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 9.5-45 of the Monroe County Code concerning Public Notices; providing for
severability; providing for repeal of inconsistent provisions; providing for inclusion in the
Code of Ordinances; providing for forwarding to the Secretary of State and Department
of Community Affairs; providing for an effective date. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 010-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance adopting
amendments to the Monroe County Land Development Regulations by adding Section
9.5-266(b )(4)a. under alternative compliance to clarify that inclusionary housing
requirements may be met by deed-restricting existing dwelling units as affordable
housing in lieu of construction of new units; providing for severability and repeal of
inconsistent provisions; providing effective date; providing for incorporation in the
Monroe County Code of Ordinances. There was no public input. Andrew Trivette,
Growth Management Director discussed the matter. Motion was made by Commissioner
Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance.
Roll call vote was unanimous.
ORDINANCE NO. 011-2008
61
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 9.5-521 concerning appeals from Administrative Actions to change the appeal
period from thirty (3) working days to thirty (3) calendar days; changing the time period
for forwarding appeals to the Planning Commission and mailing notices to other
designated persons; providing for severability; providing for repeal of inconsistent
provisions; providing for inclusion in the Monroe County Code of Ordinances; providing
for filing with the Secretary of State and the Department of Community Affairs;
providing an effective date. There was no public input. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 012-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a Development Agreement between
Monroe County and Northstar Resorts Enterprises, Inc., at the request of Reed &
Company Development Services, Inc. on behalf of North star Resorts, Inc., in order to
provide the developer with 110 affordable Rate of Growth Ordinance (ROGO)
allocations, agreeing to restrict these units to affordable employee housing, the developer
proposes to donate 47 permanent market rate ROGO exemptions to Monroe County. The
Board accepted public input with the following individuals addressing the Board: Joel
Reed and Jim Saunders, representing Reed & Company Development Services, Inc.
Andrew Trivette, Growth Management Director discussed the matter. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
granting approval and authorizing execution of the item. Roll call vote was unanimous.
A Public Hearing to consider approval of a Development Agreement at the
request of Chico Enterprises, Inc. in order to provide the developer with six (6) affordable
employee Rate of Growth Ordinance (ROGO) allocations and allowing the developer to
transfer six (6) lawfully established market rate ROGO exemptions from the subject
parcels to other parcels in the Upper Keys sub area to be built as market rate units.
Andrew Trivette, Growth Management Director advised the Board that Staff requested
the item be withdrawn.
A Public Hearing to consider an amendment to the Land Development
Regulations to Monroe County concerning a lawfully established and equitably vested
resale price for deed-restricted affordable housing; revising Section 9.5-4 to define the
lawfully established and equitably vested resale price to be applied to sale and re-sale
prices of deed-restricted affordable housing. (Staff requested the item be withdrawu).
A Public Hearing to consider an Ordinance adopting amendments to the Monroe
County Land Development regulations to revise Section 9.5-4 entitled "Essential
Services Personnel" and "Workforce Housing" and adding definitions. (Staff requested
the item be withdrawn).
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There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Momoe County, Florida
ShaL.i G. /.9vxf ~
Isabel C. DeSantis, Deputy Clerk